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(영문) 서울중앙지방법원 2013.10.31 2013노2329
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s decision on the grounds for appeal reflects the mistake in depth; (b) he/she has been investigated by an investigative agency and provided some cooperation for investigation, such as identifying D, his/her upper line; and (c) the report that he/she provided cooperation in the investigation of a philophone medication, was additionally submitted to the trial.

However, the Defendant committed the instant crime not only eight times due to the same crime but also because of the fact that the Defendant committed the instant crime even during the repeated crime period, and the Defendant is not sufficient to commit the instant crime by arranging the transaction without being limited to the scopon medication. In full view of the circumstances favorable to the Defendant, the lower court sentenced the Defendant to the lower limit of the sentencing guidelines in light of the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., as well as various other circumstances that are conditions for the argument and the sentencing indicated in the record of the instant case, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, method and method, etc., the Defendant’s assertion

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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